What Is A Loss Of Consortium?

Author: Peter N. Davis, Esq.

A Personal Injury Lawyer in Bangor Can Help with Your Injury Claim

Personal injury cases are common and occur when a person files a claim to have damages covered after being injured in an accident. In some cases, a spouse or family member can file a loss of consortium claim if a loved one has been severely injured or died as a result of someone else’s negligent actions. Loss of consortium applies when a victim is injured or killed and can no longer provide for their spouse or family like they did in the past. This can include affection, comfort, sexual relations, or everyday living conditions. In most cases, when an individual files a claim for loss of consortium, they are unable to receive a settlement unless the victim of the injury has suffered a severe or life-altering injury or died. A personal injury lawyer in Bangor can help fight for family members who want to a file a loss of consortium claim, so they can receive the compensation they deserve for their losses.

How is the Injury Calculated?

According to the Centers for Disease Control and Prevention (CDC), there were “146,571 unintentional injury deaths” in 2015. Injuries occur daily and, in some cases, an accident can change a family permanently. Those who have a family member that suffered an injury due to an accident could receive compensation. Loss of consortium falls under the category of general damages. Various components are taken into consideration in loss of consortium cases to calculate the damages of a lost or injured loved one such as:

Emotional distress

Loss of reputation

Shock and mental anguish

Pain and suffering

Embarrassment

Diminished conjugal fellowship, meaning no sexual relationship

Although these are some of the damages one could claim, there are various others that also classify as general damages.

Who Can File a Loss of Consortium Claim?

The laws in regards to who can file a loss of consortium claim vary from state to state. For example, in the past, only spouses could file a claim, but numerous states are now allowing committed partners or same-sex couples to file as well. This particular rule will vary depending upon which state the case is filed in.

Some states permit a parent or child to file a loss of consortium claim, but it has to be proven the relationship had been dramatically impacted and altered after the injury. There are certain limitations regarding loss of consortium that will vary according to particular state law. Also, there are insurance policy limits you’ll need to consider, such as “single injury” limitations. “Single injury” limitations refer to a certain amount an insurance company will cover. It’s essential to know if your insurance policy has an absolute limit they will pay out.

Should I Consider Filing a Loss of Consortium Claim?

One thing countless people fail to realize in a loss of consortium claim is that their personal affairs will be exposed in a public setting. For example, there will be tough deposition questions, meaning the witness will need to give an oral statement providing sworn evidence on the circumstances surrounding their loved one’s accident. During the case, a defense attorney will evaluate the intricate details of the relationship to first prove a legitimate relationship existed. Furthermore, the court will want to be informed of any complications present in the relationship such as abuse, infidelity, or any criminal charges. Questions infringing upon the privacy of the relationship can be overwhelming to answer, especially in a time of grief and loss. If you are set on filing a loss of consortium claim, you need to first consider the emotional aspects you’ll most likely experience throughout the case and mentally prepare to answer rigorous questions.

Choosing an Attorney

It’s strenuous enough to handle the grief of losing a loved one after an accident. There are questions that you need answered in order to deal with the constant worry about how life will change moving forward. Our attorneys at Lowry & Associates know exactly what family members are experiencing after a loved one has been injured or killed due to someone else’s careless actions. If you or someone you know has a family member that suffered an injury or died due to negligent acts, then you need one of our attorneys. It can be challenging to file a claim on your own without legal guidance. A qualified personal injury lawyer in Bangor knows the details and laws on loss of consortium claims. Call us today at our Bangor office at (207) 942-3301 or fill out our free case review form.

About The Author

Peter Davis is the founder of Peter N. Davis & Associates, a personal injury law firm headquartered in Paterson, New Jersey. Peter focuses on practice areas such as auto accidents, truck accidents, workers’ compensation, dog bites, and premises liability. He’s been practicing personal injury law since 1988 and is a graduate of the Golden Gate University School of Law.

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Maine Personal Injury Lawyers Disclaimer: The content of this website is presented by Lowry & Associates. It is not intended to be legal advice, but general information related to legal issues commonly encountered with personal injury. If you or a loved one has suffered an unjust personal injury, contact us for a free case evaluation. Serving the Bangor, Biddeford, Lewiston, and Portland, Maine area.